This is a dispute between two parties who did business with each other for 5 years. . My Causes of actions are Breach of contract, wrongful termination of a business contract and Intentional Interference with prospective Economic relations. Opposing Party has a simple breach of contract claim with a known amount. My damages are unknown since documents from third parties are still pending. Of course, my damages exceed their damages.
There is a California statute that allows me to claim my legal fees if I prevail at Trial. Not true for the other side. Discovery is not yet complete. No depositions have been taken. Documents from third parties are still pending. I do not know the full extend of my damages. . We are set for trial in 5 months.
My current Attorney is urging Mediation and the Opposing Party has agreed. However, I can only estimate my damages at this time because not all documents have been produced by third parties.
Can I wait to mediate until I know the full extent of my damages? Is it possible to mediate just before trial? More legal fees will accrue if I wait, but then I may have more documented damages.
You can mediate now or later. It is usually better than a trial.
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.
If you are contractually able to collect legal fees, so are they. CCP1717.
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Have you asked your current attorney why he/she favors Mediation now when you can know more about your damages. Perhaps your attorney has a good reason why he/she thinks going now is better than waiting. I think you really need to talk directly to your current attorney. Does he/she know something that he/she has not told you?
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.
Short of having someone sit down with all paperwork and facts, only your attorney and you know best. The Internet lawyers are unable to properly advise you in this forum.
You should be having this discussion with your lawyer. No one on this forum can give you as informed advice as can your attorney who knows the facts and law of the case.
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